(PC) Long v. Vasquez

United States District Court for the Eastern District of California

(PC) Long v. Vasquez

Trial Court Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KEVIN MICHAEL LONG, No. 2:23-cv-02893-KJM-CSK-P 11 Plaintiff, 12 v. ORDER 13 VASQUEZ, et al., 14 Defendants. 15 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 17 under

42 U.S.C. § 1983

. The matter was referred to a United States Magistrate Judge as provided 18 by

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 19 On May 22, 2024, the magistrate judge filed findings and recommendations, which were 20 served on plaintiff, and which contained notice that any objections to the findings and 21 recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the 22 findings and recommendations. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24

602 F.2d 207, 208

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 25 de novo. See Robbins v. Carey,

481 F.3d 1143, 1147

(9th Cir. 2007) (“[D]eterminations of law 26 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 [.]”). Having reviewed the file, the court finds the findings and recommendations to be supported 28 by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, see ECF No. 9, are adopted in full; 3 2. This action is dismissed without prejudice; and 4 3. The Clerk of Court is directed to close this case. 5 | DATED: August 19, 2024. 6 7 CHIEF ED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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